Sun Coast Resources, Inc. v. Plains Marketing, LP

• Court: Court of Appeals of Texas
• Decided: February 23, 2016
• Docket: 01-15-01085-CV
• Status: Published

Opinion

Opinion issued February 23, 2016

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-15-01085-CV ——————————— SUN COAST RESOURCES, INC., Appellant V. PLAINS MARKETING, LP, Appellee

On Appeal from the 165th District Court Harris County, Texas Trial Court Case No. 2013-06598

MEMORANDUM OPINION

Appellant, Sun Coast Resources, Inc., has filed a petition for permissive

appeal seeking to challenge an interlocutory order granting appellee, Plains

Marketing, LP’s, partial motion for summary judgment. See TEX. CIV. PRAC. &

REM. CODE ANN. § 51.014(d) (West Supp. 2015); TEX. R. APP. P. 28.3. To be entitled to a permissive appeal from an interlocutory order that would not

otherwise be appealable, the requesting party must establish that (1) the order to be

appealed involves “a controlling question of law as to which there is a substantial

ground for difference of opinion” and (2) an immediate appeal from the order

“may materially advance the ultimate termination of the litigation.” TEX. CIV.

PRAC. & REM. CODE ANN. § 51.014(d); see TEX. R. APP. P. 28.3(e)(4); TEX. R. CIV.

P. 168. The petition fails to establish that the order involves a controlling question

of law as to which there is a substantial ground for a difference of opinion. See

TEX. R. APP. P. 28.3(e)(4). Accordingly, we deny the petition for permissive

appeal.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Keyes and Higley.